Jurisprudence of International Criminal Justice

1. Auflage 2014
ISBN: 978-1-4438-5360-6
Verlag: Cambridge Scholars Publishing

Buch, Englisch, 808 Seiten

Introduction written by Professor Benjamin B Ferencz

This challenging volume examines the jurisprudence of international criminal justice from various points of view. The philosophy of justice may vary from time to time and from nation to nation, depending on prevailing attitudes towards the substantive rules which deal, in one way or another, with cultural norms. In the national and international area, the principles of criminal justice have a key role in examining the scope of the most serious violations of international criminal law. It is on the basis of appropriate judgment that these principles may be accumulated and achieved for the future conduct of man. This volume, therefore, examines the principles and dimensions of the constitutions of various international criminal tribunals/courts, with particular focus on the Statute of the International Criminal Court (ICC). As such, the volume offers a comprehensive evaluation of the rule of law and criminal justice and their legal tasks within the complementarity system of international criminal jurisprudence.

The volume emphasises the prosecution and punishment of all those who may successfully escape from the proceedings of national and international criminal courts because of their juridical, political, religious, economic or military power. It demands the implementation of international law of jus cogens. The provisions of the Statute should not be deduced in contradiction to the norms from which no derogation is possible, such as prohibitions governing crimes against humanity, torture, apartheid, rape, war crimes, genocide and aggression. If the value of the task of the Court is to be realised by the majority of states in the international community, the cycle of impunity has to be abolished in the case of all states, including the five permanent members of the Security Council of the United Nations.

Autoren/Hrsg.

Malekian, Farhad

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht

Über Autor(innen)

Malekian, Farhad
Farhad Malekian, a Distinguished Visiting Professor and the Founder and Director of the Institute of International Criminal Law, Sweden, is listed among the well-known leaders in the field of international criminal law, having introduced the principle of “International Tribunality of Jurisdiction” at the Cornell Law School in 2005. He is the author of several outstanding major treatises, as well as a considerable number of well-established scholarly books and articles which have been an integral part of reading literature at a number of universities. Among these are International Criminal Law (two volumes); Principles of Islamic International Criminal Law; The Monopolization of International Criminal Law in the United Nations; “Emasculating the Philosophy of International Criminal Justice in the Iraqi Special Tribunal”; and “Judging International Criminal Justice in the Occupied Territories”. Malekian is the co-author of the books Prohibition of Sexual Exploitation of Children Constituting Obligation Erga Omnes and Confessing the International Rights of Children. He is also the co-author of the article “International Legal Status of Children” in the Encyclopaedia of Criminology and Criminal Justice. Malekian is one of the editors of The Sovereignty of Children in Law and his book entitled International Criminal Law of Children is forthcoming.

Farhad Malekian, a Distinguished Visiting Professor and the Founder and Director of the Institute of International Criminal Law, Sweden, is listed among the well-known leaders in the field of international criminal law, having introduced the principle of “International Tribunality of Jurisdiction” at the Cornell Law School in 2005. He is the author of several outstanding major treatises, as well as a considerable number of well-established scholarly books and articles which have been an integral part of reading literature at a number of universities. Among these are International Criminal Law (two volumes); Principles of Islamic International Criminal Law; The Monopolization of International Criminal Law in the United Nations; “Emasculating the Philosophy of International Criminal Justice in the Iraqi Special Tribunal”; and “Judging International Criminal Justice in the Occupied Territories”. Malekian is the co-author of the books Prohibition of Sexual Exploitation of Children Constituting Obligation Erga Omnes and Confessing the International Rights of Children. He is also the co-author of the article “International Legal Status of Children” in the Encyclopaedia of Criminology and Criminal Justice. Malekian is one of the editors of The Sovereignty of Children in Law and his book entitled International Criminal Law of Children is forthcoming.